Thirteenth Judicial Circuit, Hillsborough County, Florida
Jason R. Moyer successfully defended a large general contractor and its bonding company in a three day non-jury trial in Tampa, Florida.
The Plaintiff, a painting subcontractor, had been hired by Jason’s client to apply epoxy coating to a public housing project, but during the trial it was established that the subcontractor failed to apply the product as specified by the contract documents. The general contractor withheld payment to correct the defective conditions, but was sued by the painting subcontractor for Breach of the Subcontract Agreement, Violations of the Local Government Prompt Payment Act, Unjust Enrichment and Breach of a Verbal Agreement, and the subcontractor sued the Surety for alleged Breach of the Payment Bond. The Court entered a judgment in favor of Jason’s clients, finding the subcontractor had Breach of the Subcontract Agreement, awarding the general contractor damages to remediate the subcontractor’s work.